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| PRIOR PRINTER'S NOS. 2088, 1852 | PRINTER'S NO. 2414 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GORDNER, BAKER, FARNESE, FERLO, FONTANA, SOLOBAY, TARTAGLIONE, RAFFERTY AND PILEGGI, DECEMBER 13, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 25, 2012 |
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| AN ACT |
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1 | Amending the act of December 21, 1984 (P.L.1253, No.238), |
2 | entitled "An act regulating the practice of speech-language |
3 | pathologists, audiologists and teachers of the hearing |
4 | impaired; creating the State Board of Examiners in Speech- |
5 | Language and Hearing with certain powers and duties; and |
6 | prescribing penalties," further providing for title of act, |
7 | for short title, for declaration of policy, for definitions, |
8 | for creation of board, appointment and term of members and |
9 | officers, for powers and duties of board, for license |
10 | required and persons and practices not affected and |
11 | exclusions, for requirements for licensure, for application |
12 | and fees, for examinations, for refusal to issue and |
13 | revocation, for requirement of a medical examination, for |
14 | renewal fees and records, for limitation of renewal time and |
15 | new license and for certification to the board; providing for |
16 | use of title; and further providing for enforcement of |
17 | certification to board, for impaired professionals, for |
18 | penalties, for injunction against lawful practice and for |
19 | appropriation. |
20 | The General Assembly of the Commonwealth of Pennsylvania |
21 | hereby enacts as follows: |
22 | Section 1. The title and sections 1, 2, 3 and 4 of the act |
23 | of December 21, 1984 (P.L.1253, No.238), known as the Speech- |
24 | Language and Hearing Licensure Act, are amended to read: |
25 | An Act |
26 | Regulating the practice of speech-language pathologists[,] and |
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1 | audiologists [and teachers of the hearing impaired]; creating |
2 | the State Board of Examiners in Speech-Language [and Hearing] |
3 | Pathology and Audiology with certain powers and duties; and |
4 | prescribing penalties. |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Speech- |
7 | Language [and Hearing] Pathologists and Audiologists Licensure |
8 | Act. |
9 | Section 2. Declaration of policy. |
10 | It is declared to be the policy of the Commonwealth that the |
11 | practice of speech-language pathology and the practice of |
12 | audiology are privileges granted to qualified persons and that, |
13 | in order to safeguard the public health, safety and welfare; to |
14 | protect the public from being misled or receiving treatment by |
15 | incompetent, unscrupulous and unauthorized persons; to protect |
16 | the public from unprofessional conduct [on the part of] by |
17 | qualified speech-language pathologists[,] and audiologists [and |
18 | teachers of the hearing impaired]; and to assure the |
19 | availability of the highest possible quality of speech-language |
20 | [and hearing] pathology and audiology services to the |
21 | [communicatively handicapped] people of this Commonwealth, it is |
22 | necessary to [regulate persons offering speech-language and |
23 | hearing services to the public and persons functioning under the |
24 | direction of these specialists] provide regulatory authority |
25 | over persons offering speech-language pathology and audiology |
26 | services to the public. |
27 | Section 3. Definitions. |
28 | The following words and phrases when used in this act shall |
29 | have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
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1 | "Audiologist." Any person who is qualified by [training and |
2 | experience] education, training and clinical experience and is |
3 | licensed under this act to engage in the practice of [the |
4 | evaluation, counseling, habilitation and rehabilitation of |
5 | individuals whose communicative disorders center in whole or in |
6 | part in the hearing function. For the purposes of this paragraph |
7 | the words "habilitation" and "rehabilitation" include, but are |
8 | not limited to, hearing aid evaluation, fitting, recommendation, |
9 | speech reading, auditory training and similar activities. A |
10 | person is deemed to be or to hold himself out as being an |
11 | audiologist if he offers such services to the public under any |
12 | title incorporating the words audiology, audiologist, |
13 | audiological consultant, aural rehabilitationist, hearing |
14 | audiologist or any similar title or description of service] |
15 | audiology. The audiologist is an independent practitioner |
16 | providing services in hospitals, clinics, schools, private |
17 | practices and other settings in which audiologic services are |
18 | relevant. A person is deemed to be, or to hold himself out as |
19 | being, an audiologist if he offers such services to the public |
20 | under any title incorporating the terms "audiology," |
21 | "audiologist," "audiological consultant," "hearing aid |
22 | audiologist" or any variation, synonym, coinage or similar title |
23 | that expresses, employs or implies these terms, names or |
24 | functions. |
25 | "Board." The State Board of Examiners in Speech-Language |
26 | [and Hearing] Pathology and Audiology. |
27 | "Person." Any individual, organization, association, |
28 | partnership, company, trust or corporate body, except that [any] |
29 | only individuals can be licensed under this act. Any reference |
30 | in this act to a licensed person shall mean a natural individual |
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1 | person. |
2 | "Practice of audiology." The application of principles, |
3 | methods and procedures related to disorders of the auditory and |
4 | vestibular systems. Areas of audiology practice include the |
5 | following: |
6 | (1) prevention of hearing loss by designing, |
7 | implementing and coordinating industrial, school and |
8 | community-based hearing conservation programs; |
9 | (2) identification of dysfunction of hearing, balance |
10 | and other auditory-related systems by developing and |
11 | overseeing hearing and balance-related screening programs for |
12 | persons of all ages, including newborn and school screening |
13 | programs; |
14 | (3) administration of speech or language screening or |
15 | other measures for the purpose of initial identification and |
16 | referral of persons with other communicative disorders; |
17 | (4) assessment and nonmedical diagnosis and treatment of |
18 | hearing and vestibular disorders through the administration |
19 | of behavioral, psychoacoustic, electrophysiologic tests of |
20 | the peripheral and central auditory and vestibular systems |
21 | using standardized test procedures, including, but not |
22 | limited to, audiometry, tympanometry, acoustic reflex |
23 | measures, otoacoustic emissions, auditory evoked potentials, |
24 | video and electronystagmography and tests of central auditory |
25 | function using calibrated instrumentation leading to the |
26 | diagnosis of auditory and vestibular dysfunction abnormality; |
27 | (5) assessment of candidacy of persons with hearing loss |
28 | for cochlear implants; |
29 | (6) nonmedical treatment for persons with impairment of |
30 | auditory function utilizing amplification and other assistive |
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1 | devices; |
2 | (7) selection, fitting, evaluation and dispensing of |
3 | hearing aids and other amplification systems; |
4 | (8) fitting and mapping of cochlear implant devices and |
5 | audiologic rehabilitation to optimize device use; |
6 | (9) fitting of middle ear implantable hearing aids, |
7 | fully implantable hearing aids and bone-anchored hearing |
8 | aids; |
9 | (10) conducting otoscopic examinations; |
10 | (11) nonmedical treatment of persons with tinnitus using |
11 | techniques including biofeedback, masking, hearing aids, |
12 | education and counseling; |
13 | (12) counseling on the psychosocial aspects of hearing |
14 | loss and the use of amplification systems; |
15 | (13) administration of electrophysiologic measures of |
16 | neural function, including, but not limited to, sensory and |
17 | motor-evoked potentials, preoperative and postoperative |
18 | evaluation of neural function, neurophysiologic |
19 | intraoperative monitoring of the central nervous system, |
20 | spinal cord and cranial nerve function; and |
21 | (14) referral of persons with auditory and vestibular |
22 | dysfunction abnormalities to an appropriate physician for |
23 | medical evaluation when indicated based upon the |
24 | interpretation of the audiologic and vestibular test results. |
25 | "Speech-language pathologist." Any person who is qualified |
26 | by training and experience to engage in the practice of the |
27 | evaluation, counseling, habilitation and rehabilitation of |
28 | individuals whose communicative disorders involve the function |
29 | of speech, voice or language. A person is deemed to be or to |
30 | hold himself out as being a speech-language pathologist if he |
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1 | offers such services under any title incorporating the words |
2 | speech-language pathologist, speech consultant, speech |
3 | therapist, speech correctionist, speech clinician, speech |
4 | specialist, language pathologist, logopedist, communication |
5 | therapist, voice therapist, aphasia therapist, aphasiologist, |
6 | communicologist, or any similar title or description of service. |
7 | "Teacher ["Teacher of the hearing impaired." Any person who | <-- |
8 | is qualified by training and experience to engage in the |
9 | practice of providing evaluation and instruction in curriculum- |
10 | based material and communication skills appropriate for |
11 | individuals whose cognitive and educational development have |
12 | been affected primarily by impaired hearing sensitivity. A |
13 | person is deemed to be or to hold himself out as being a teacher |
14 | of the hearing impaired if he offers such services under any |
15 | title incorporating the words teacher of the hearing impaired, |
16 | teacher of the acoustically handicapped, teacher of the deaf, |
17 | teacher of the acoustically impaired, hearing teacher, teacher |
18 | of the aurally handicapped, hearing tutor, tutor of the |
19 | auditorily impaired, educator of the deaf or any similar title |
20 | or description of service. service.] | <-- |
21 | Section 4. Creation of board; appointment and term of members; |
22 | officers. |
23 | (a) Board created.--There is hereby created a departmental |
24 | administrative board to be known as the State Board of Examiners |
25 | in Speech-Language [and Hearing] Pathology and Audiology which |
26 | shall be in the Bureau of Professional and Occupational Affairs |
27 | of the Department of State. It shall consist of [ten] eight | <-- |
28 | members, [nine] seven of whom shall be appointed by the | <-- |
29 | Governor, by and with the advice and consent of a majority of |
30 | the members elected to the Senate, who shall be residents of |
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1 | Pennsylvania for a three-year period immediately prior to |
2 | appointment. The Commissioner of Professional and Occupational |
3 | Affairs shall serve in his official capacity as the [tenth] | <-- |
4 | eighth member of the board. [At the first meeting, the appointed | <-- |
5 | members shall determine, by lot, three members to serve three- |
6 | year terms, three members to serve two-year terms and three |
7 | members to serve one-year terms, with the exception of the |
8 | commissioner.] | <-- |
9 | (b) Vacancies.--When the term of each appointed member of |
10 | the board ends, the Governor shall appoint his successor for a |
11 | term of three years, by and with the advice and consent of a |
12 | majority of the members elected to the Senate. Any appointive |
13 | vacancy occurring on the board shall be filled by the Governor |
14 | by appointment for the unexpired term, by and with the advice |
15 | and consent of a majority of the members elected to the Senate. |
16 | Board members shall continue to serve until their successors are |
17 | appointed and qualified but not longer than six months beyond |
18 | the three-year period. |
19 | (c) Qualifications of board.--The board shall consist of the |
20 | Commissioner of the Bureau of Professional and Occupational |
21 | Affairs, one member who at the time of appointment is engaged in |
22 | rendering professional services in speech-language pathology, |
23 | one member who at the time of appointment is engaged in |
24 | rendering professional services in audiology, [one member who at | <-- |
25 | the time of appointment is engaged in rendering professional |
26 | services as a teacher of the hearing impaired,] two members at | <-- |
27 | large who are either speech-language pathologists, or | <-- |
28 | audiologists [or teachers of the hearing impaired], however, | <-- |
29 | each profession shall not be represented by more than two board |
30 | members, [two members who are physicians] one member who is a |
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1 | physician licensed to practice medicine in this Commonwealth[, |
2 | at least one of whom] who specializes in otolaryngology, and two |
3 | members of the public appointed by the Governor from nominations |
4 | submitted by the governing boards of groups advocating for the |
5 | welfare of the speech-language and hearing handicapped. Of the |
6 | initial members, the speech-language pathologists[,] and | <-- |
7 | audiologists [and teachers of the hearing impaired] shall | <-- |
8 | possess the necessary qualifications for licensure under this |
9 | act. Thereafter, the members of the board who are speech- |
10 | language pathologists[,] and audiologists [and teachers of the | <-- |
11 | hearing impaired] shall be licensed under this act. No public | <-- |
12 | member appointed under the provisions of this section shall be |
13 | affiliated in any manner with professions or occupations |
14 | providing health or corrective communications services or |
15 | products to communicatively impaired persons. The public members |
16 | shall be qualified pursuant to law, including section 813 of the |
17 | act of April 9, 1929 (P.L.177, No.175), known as The |
18 | Administrative Code of 1929. In addition, no member of the board |
19 | shall at the same time be an officer or agent of any Statewide |
20 | association or organization representing the professions or |
21 | occupations under the jurisdiction of this board. |
22 | (d) Reappointment.--A member of the board shall be eligible |
23 | for reappointment. A member shall not be appointed to serve more |
24 | than two consecutive terms. |
25 | (e) Compensation; expenses.--The members of the board, other |
26 | than the Commissioner of Professional and Occupational Affairs, |
27 | shall receive reimbursement for reasonable travel, hotel and |
28 | other necessary expenses and $60 per diem when actually engaged |
29 | in the performance of their official duties. |
30 | (f) Meetings of board.--The board shall hold a meeting |
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1 | within 150 days after the effective date of this act and |
2 | annually thereafter in the month prescribed by the board and |
3 | elect a chairman, vice chairman and secretary who shall be |
4 | members of the board. The board shall meet at such other times |
5 | as deemed necessary and advisable by the chairman or by a |
6 | majority of its members. Reasonable notice of all meetings shall |
7 | be given in the manner prescribed by the board. A majority of |
8 | the board shall constitute a quorum at any meeting or hearing. |
9 | (g) Forfeiture.--A member of the board who fails to attend |
10 | three consecutive meetings shall forfeit his seat unless the |
11 | Commissioner of Professional and Occupational Affairs, upon |
12 | written request from the member, finds that the member should be |
13 | excused from a meeting because of illness or the death of an |
14 | immediate family member. |
15 | Section 2. Section 5 of the act, amended October 18, 2000 |
16 | (P.L.536, No.71), is amended to read: |
17 | Section 5. Powers and duties of board. |
18 | The board shall have the power and its duties shall be: |
19 | (1) To approve the qualifications and fitness of |
20 | applicants for licensure, and to adopt and revise rules and |
21 | regulations requiring applicants to pass examinations |
22 | relating to their qualifications as a prerequisite to the |
23 | issuance of a license. |
24 | (2) To adopt and revise rules and regulations consistent |
25 | with the law as may be necessary to implement the provisions |
26 | of this act. [These rules and regulations shall include, but |
27 | not be limited to, codes of ethics for speech-language |
28 | pathologists, audiologists and teachers of the hearing |
29 | impaired. The codes of ethics shall provide further that, |
30 | whereas speech-language pathologists, audiologists and |
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1 | teachers of the hearing impaired provide nonmedical and |
2 | nonsurgical services, medical diagnosis and medical treatment |
3 | by these persons are specifically to be considered unethical |
4 | and illegal.] |
5 | (3) To examine for, deny, approve, issue, revoke, |
6 | suspend or renew the licenses of speech-language |
7 | pathologist[, audiologist and teacher of the hearing | <-- |
8 | impaired] and audiologist applicants, and provisional | <-- |
9 | licenses for audiologists. |
10 | (4) To conduct hearings upon complaints of violations of |
11 | this act and the rules and regulations adopted pursuant to |
12 | this act, and to prosecute and enjoin all such violations. |
13 | (5) To spend funds necessary for the proper performance |
14 | of its assigned duties in accordance with the fiscal and |
15 | other laws of this Commonwealth and upon approval by the |
16 | Commissioner of Professional and Occupational Affairs. |
17 | (6) To waive examination and educational requirements |
18 | and grant a license as provided in sections 6 and 7. |
19 | (7) To establish standards of eligibility for license |
20 | renewal. These standards shall include, but not be limited |
21 | to, the demonstration of satisfactory completion of 20 clock |
22 | hours of continuing education related to the practice of |
23 | speech-language pathology[, audiology or teaching the hearing | <-- |
24 | impaired] and audiology in accordance with board regulations. | <-- |
25 | No credit may be given for courses in office management or |
26 | practice building. The board may waive all or part of the |
27 | continuing education requirement to a licensee who shows to |
28 | the satisfaction of the board that the licensee was unable to |
29 | complete the requirement due to illness, emergency or |
30 | hardship. The request for a waiver must be made in writing, |
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1 | with appropriate documentation, and must include a |
2 | description of the circumstances sufficient to show why a |
3 | licensee is unable to comply with the continuing education |
4 | requirement. Waiver requests shall be evaluated by the board |
5 | on a case-by-case basis. The board shall send the licensee |
6 | written notification of its approval or denial of a waiver |
7 | request. The requirement to demonstrate the satisfactory |
8 | completion of continuing education shall begin with the |
9 | biennial renewal period to be designated by regulation of the |
10 | board and following written notice to licensees. |
11 | (8) To promulgate rules and regulations regarding |
12 | persons functioning under the direction of audiologists, | <-- |
13 | audiologists[,] or speech-language pathologists and [and | <-- |
14 | teachers of the hearing impaired impaired]. | <-- |
15 | (9) To recognize national professional organizations in |
16 | audiology that have established definitions of the practice |
17 | of audiology. These organizations shall be the same as those |
18 | recognized by the board under the provisions of section 7(b) |
19 | (2). The board shall have the power to adopt those |
20 | definitions to be the practical definitions of the practice |
21 | of audiology for licensees under the board. If one or more of |
22 | the recognized national professional organizations amends its |
23 | definition, the amended definition cannot be added to the |
24 | practice of audiology until it has been adopted by the board |
25 | through regulation. |
26 | (10) To recognize national accrediting agencies which |
27 | accredit programs of audiology as specified in section |
28 | 7(a)(2). |
29 | Section 3. Sections 6, 7 and 8 of the act are amended to |
30 | read: |
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1 | Section 6. License required; persons and practices not |
2 | affected; exclusions. |
3 | (a) Licenses.--[Except as provided in subsection (b), no | <-- |
4 | person may practice or hold himself out as being able to |
5 | practice as an audiologist[,] or speech-language pathologist [or | <-- |
6 | teacher of the hearing impaired] in this Commonwealth unless he | <-- |
7 | holds a current, unsuspended, unrevoked license issued by the |
8 | board. Licensure shall be granted separately in speech-language |
9 | pathology[,] or audiology [and teaching of the hearing | <-- |
10 | impaired].] Except as provided in subsection (b), no person may | <-- |
11 | practice or hold himself out as being able to practice as an |
12 | audiologist or may engage in the practice of audiology in this |
13 | Commonwealth unless he holds a current, unsuspended, unrevoked |
14 | license issued by the board. Licensure shall be granted in |
15 | audiology. Terminology that approximates audiology without a |
16 | current, unsuspended, unrevoked license issued by the board that |
17 | may confuse the public or falsify the credentials of the |
18 | individual or company shall constitute a violation of this act. |
19 | (b) Exclusions.--Nothing in this act shall be construed as |
20 | preventing or restricting: |
21 | (1) Any person licensed or registered in this |
22 | Commonwealth from engaging in the profession or occupation |
23 | for which he is licensed or registered, including: |
24 | (i) A physician or surgeon engaged in the practice |
25 | of medicine. |
26 | (ii) A licensed physician or surgeon or a trained |
27 | individual under the direction of a licensed physician |
28 | doing hearing testing in the office or clinic of the |
29 | physician. |
30 | (iii) A hearing aid fitter engaged in the business |
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1 | of selling and fitting hearing aids, and a hearing aid |
2 | dealer engaged in the sale of hearing aids, as provided |
3 | in the act of November 24, 1976 (P.L.1182, No.262), known |
4 | as the Hearing Aid Sales Registration Law. |
5 | (2) A person who holds a valid credential issued by the |
6 | Department of Education in the area of speech or hearing and |
7 | who is employed in public or private elementary and secondary |
8 | schools or institutions chartered by the Commonwealth, or a |
9 | person who is employed by the Commonwealth or the Federal |
10 | Government as a speech-language pathologist, audiologist or | <-- |
11 | teacher of the hearing impaired pathologist[,] or audiologist | <-- |
12 | [or teacher of the hearing impaired] from engaging in his |
13 | profession or occupation, if the person performs his services |
14 | solely within the scope of his employment, or a person |
15 | performing hearing testing under section 1402 of the act of |
16 | March 10, 1949 (P.L.30, No.14), known as the Public School |
17 | Code of 1949. |
18 | (3) The activities of a student or trainee who is |
19 | pursuing a program of study supervised by a person licensed |
20 | under this act or otherwise exempt by this section which lead |
21 | to a degree in audiology audiology[, teaching the hearing | <-- |
22 | impaired] or speech-language pathology at [at] from an | <-- |
23 | accredited college or university, if such individual is |
24 | designated by a title clearly indicating his student or |
25 | training status. |
26 | (4) The practice of speech-language pathology, audiology |
27 | or teaching the hearing impaired in this Commonwealth by any |
28 | person not a resident of this Commonwealth who is not |
29 | licensed under this act if the person meets the |
30 | qualifications and requirements for licensure described in |
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1 | section 7, or who is licensed under the law of another state |
2 | having licensure requirements determined by the board to be |
3 | at least equivalent to those established by section 7, and if |
4 | the services are performed for no more than five days in any |
5 | calendar year in cooperation with a speech-language |
6 | pathologist, audiologist or teacher of the hearing impaired | <-- |
7 | pathologist[,] or audiologist [or teacher of the hearing | <-- |
8 | impaired] licensed under this act. |
9 | (5) A corporation, partnership, trust, association, |
10 | company or other similar form of organization from engaging |
11 | in the practice of speech-language pathology, audiology or | <-- |
12 | teaching the hearing impaired pathology[,] or audiology [or | <-- |
13 | teaching the hearing impaired] without a license if it |
14 | employs licensed individuals in the direct practice of |
15 | speech-language pathology, audiology or teaching the hearing | <-- |
16 | impaired. pathology[,] or audiology [or teaching the hearing | <-- |
17 | impaired]. |
18 | Section 7. Requirements for licensure. |
19 | (a) In general.--Except as provided in subsections (b) and |
20 | (c), to be eligible for licensure by the board as a speech- |
21 | language pathologist, audiologist or teacher of the hearing |
22 | impaired, an applicant shall pay a fee as established by the |
23 | board in accordance with section 8(a), be of good moral |
24 | character to the satisfaction of the board, pass an examination |
25 | and: |
26 | (1) For the license in speech-language pathology, |
27 | possess a master's degree in speech-language pathology or its |
28 | equivalent from an accredited academic institution. In |
29 | addition, the applicant must have at least one year of |
30 | supervised professional experience in the field of speech- |
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1 | language pathology. |
2 | (2) For the license in audiology, possess a master's |
3 | degree or doctoral degree in audiology [or its equivalent] |
4 | from an [accredited academic institution. In addition, the |
5 | applicant] academic program accredited by an accrediting |
6 | agency approved by the board and the United States Department |
7 | of Education or the Council for Higher Education |
8 | Accreditation under standards pursuant to this act. Master's |
9 | degree applicants must have at least [one year] nine months |
10 | of supervised professional experience in the field of |
11 | audiology. Beginning January 1, 2014, all new applicants must |
12 | possess a doctoral degree in audiology as determined by the |
13 | board. |
14 | (3) [(3) For licensure as a teacher of the hearing | <-- |
15 | impaired, possess a master's degree in education of the |
16 | hearing impaired or its equivalent from an accredited |
17 | academic institution. In addition, the applicant must have at |
18 | least one year of supervised professional experience in the |
19 | field of teaching the hearing impaired. Impaired.] | <-- |
20 | (b) Waivers.--The board may waive the examination and |
21 | educational requirements for any of the following: |
22 | (1) Applicants who present proof of [current |
23 | certification or licensure] a currently valid license to |
24 | practice audiology in a state which has standards determined |
25 | by the board to be at least equal to those for licensure in |
26 | this Commonwealth. |
27 | (2) Applicants who hold a currently valid and |
28 | appropriate Certificate of Clinical Competence from the |
29 | Council [of Professional Standards] for Clinical |
30 | Certification of the American [Speech-Language and Hearing] |
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1 | Speech-Language-Hearing Association or certification from a |
2 | national credentialing organization that is recognized by the |
3 | board from standards pursuant to this act. Notice of |
4 | standards shall be published in the Pennsylvania Bulletin. |
5 | (3) [(3) Applicants who hold a currently valid | <-- |
6 | professional certificate issued by the Council on Education |
7 | of the Deaf in compliance with its standards for the |
8 | certification of teachers of the hearing impaired and who |
9 | have completed an additional ten graduate academic credits |
10 | established by the board to be appropriate for licensure as a |
11 | teacher of the hearing impaired. Impaired.] | <-- |
12 | (c) Requirements for current practitioners.--The board shall |
13 | waive the examination and educational requirements for any |
14 | applicant who, on the effective date of this act: |
15 | (1) has at least a bachelor's degree with a major in |
16 | speech-language pathology[,] or a master's degree in | <-- |
17 | audiology [or teaching the hearing impaired] from an | <-- |
18 | accredited college or university, and who has been employed |
19 | as a speech-language pathologist, audiologist or teacher of | <-- |
20 | the hearing impaired pathologist[,] or audiologist [or | <-- |
21 | teacher of the hearing impaired] for at least nine |
22 | consecutive months within three years prior to the effective |
23 | date of this act; and |
24 | (2) files an application with the board providing bona |
25 | fide proof of the degree and employment together with the |
26 | application fee prescribed in section 8. |
27 | (d) Provisional licenses.-- |
28 | (1) The board may, in accordance with the provisions of |
29 | this section, issue a provisional license in audiology to |
30 | applicants who have met all of the requirements for licensure |
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1 | under this act except for the completion of the clinical |
2 | fellowship necessary to receive either the Certificate of |
3 | Clinical Competence from the Council For Clinical |
4 | Certification of the American Speech-Language-Hearing |
5 | Association or certification from another national |
6 | credentialing organization as recognized by the board |
7 | pursuant to section 7(b)(2). In order to receive the license, |
8 | the applicant must submit an application for the provisional |
9 | license to the board on a form prescribed by the board. The |
10 | form must indicate the applicant's plans for completing the |
11 | clinical fellowship and must be accompanied by an application |
12 | fee determined by the board. A provisional license issued |
13 | under this section shall be valid for a maximum of 18 months |
14 | and may be renewed one time. The purpose of the provisional |
15 | license is solely to allow individuals to practice audiology |
16 | under appropriate supervision while completing the |
17 | postgraduate professional experience required for |
18 | certification under section 7(b)(2). A person holding a |
19 | provisional license is authorized to practice audiology only |
20 | while working under the supervision of a person fully |
21 | licensed in this Commonwealth in accordance with this act. |
22 | (2) Any person who is qualified by education, training |
23 | and clinical experience by completing all educational |
24 | requirements, including the externship of an Au.D. Program |
25 | may hold a provisional license, provided that the provisional |
26 | license shall only be valid for six months from the time of |
27 | application for the permanent license. |
28 | (3) A person holding a valid license in another state to |
29 | practice audiology and who has applied for a license in this |
30 | Commonwealth under the provisions of this act may practice |
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1 | audiology while working under the supervision of a person |
2 | fully licensed in this Commonwealth for not more than 90 days |
3 | while awaiting approval of the license application. |
4 | Section 8. Application and fees. |
5 | (a) Fee.--An application for [examination and] license shall |
6 | be accompanied by a nonrefundable application [and examination] |
7 | fee in an amount established by the board by regulation and |
8 | shall be subject to review in accordance with the act of June |
9 | 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. |
10 | If the revenues generated by fees, fines and civil penalties |
11 | imposed in accordance with the provisions of this act are not |
12 | sufficient to match expenditures over a two-year period, the |
13 | board shall increase those fees by regulation, subject to review |
14 | in accordance with the Regulatory Review Act, such that the |
15 | projected revenues will meet or exceed projected expenditures. |
16 | If the Bureau of Professional and Occupational Affairs |
17 | determines that fees established by the board are inadequate to |
18 | meet the minimum enforcement efforts required, then the bureau, |
19 | after consultation with the board, shall increase the fees by |
20 | regulation, subject to review in accordance with the Regulatory |
21 | Review Act, such that adequate revenues are raised to meet the |
22 | required enforcement effort. |
23 | (b) Affidavit.--Each application shall be accompanied by an |
24 | affidavit or affirmation of the applicant as to its verity. Any |
25 | applicant who knowingly or willfully makes a false statement in |
26 | his application shall be subject to prosecution for perjury. |
27 | (c) Examinations.--The board shall offer at least two |
28 | examinations for licensure each year. Notice of examinations |
29 | shall be given at least 60 days prior to their administration. |
30 | (d) Record of examination scores.--The board shall maintain |
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1 | a permanent record of all examination scores. |
2 | (e) Disposition and use of fees.--Fees shall be collected by |
3 | the board through the Bureau of Professional and Occupational |
4 | Affairs and shall be paid into the Professional Licensure |
5 | Augmentation Account established pursuant to and for use in |
6 | accordance with the act of July 1, 1978 (P.L.700, No.124), known |
7 | as the Bureau of Professional and Occupational Affairs Fee Act. |
8 | Section 4. Section 9 of the act is repealed: |
9 | [Section 9. Examinations. |
10 | (a) Preparation of examinations.--All written examinations |
11 | shall be prepared and administered by a qualified professional |
12 | testing organization under contract with the Bureau of |
13 | Professional and Occupational Affairs and approved by the board, |
14 | except that national uniform examinations or grading services or |
15 | both shall be used if available. No board member shall have a |
16 | financial interest in a professional testing organization. This |
17 | section shall not apply to any oral, practical or other |
18 | nonwritten examination which may be required by the board. |
19 | (b) Cost of examinations.--The purpose of the examination |
20 | fee which is to be established in accordance with section 8(a) |
21 | is to insure that the applicant's fees cover the entire cost of |
22 | the examination and administration. Cost is all contractual |
23 | charges relating to the preparing, administering, grading and |
24 | recording of the examination.] |
25 | Section 5. Section 10 of the act is amended by adding a |
26 | paragraph to read: |
27 | Section 10. Refusal to issue; revocation; etc. |
28 | The board may refuse to issue and may suspend or revoke a |
29 | license of any person or applicant by a vote of at least a |
30 | majority of the members of the board for any of the following |
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1 | reasons: |
2 | * * * |
3 | (7) The audiologist is unable to practice his profession |
4 | with reasonable skill and safety because of illness, |
5 | drunkenness, excessive use of controlled substances, |
6 | chemicals or other types of materials or as the result of a |
7 | mental or physical condition. In enforcing this paragraph, |
8 | the board shall, upon probable cause, have the authority to |
9 | compel a licensee to submit to a mental or physical |
10 | examination as designated by the board. After notice, |
11 | hearing, adjudication and appeal as provided for in section |
12 | 11, failure of a licensee to submit to such examination when |
13 | directed shall constitute an admission of the allegations |
14 | against him unless failure is due to circumstances beyond his |
15 | control, consequent upon which a default and final order may |
16 | be entered without the taking of testimony or presentation of |
17 | evidence. A licensee affected under this paragraph shall at |
18 | reasonable intervals be afforded an opportunity to |
19 | demonstrate that he or she can resume a competent practice of |
20 | audiology with reasonable skill and safety to patients. |
21 | Section 6. Sections 12 and 14 of the act are amended to |
22 | read: |
23 | Section 12. Requirement of a medical examination. |
24 | [(a) Medical examination.--Before an audiologist initiates |
25 | aural rehabilitation for an individual, there shall be a medical |
26 | examination verifying that there are no diseases of the ear |
27 | requiring medical or surgical treatment. |
28 | (b) Waiver.--This section does not apply if an individual |
29 | signs a written waiver as set forth in this section. The waiver |
30 | must be read and explained in such a manner that the individual |
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1 | will be thoroughly aware of the consequences of signing the |
2 | waiver. The waiver form shall read as follows: |
3 | I have been advised by (audiologist's name) that the |
4 | Commonwealth of Pennsylvania has determined that my best health |
5 | interest would be served if I had a medical examination by a |
6 | licensed physician before the initiation of aural |
7 | rehabilitation. I do not wish a medical examination before the |
8 | initiation of aural rehabilitation. |
9 | ______________________________ |
10 | Signature Date] |
11 | An audiologist shall refer patients who present with |
12 | suspected medical conditions beyond the scope of practice under |
13 | this act for medical evaluation to an appropriate physician |
14 | within 30 days. |
15 | Section 14. [Limitation of renewal time; new license] Continued |
16 | competency. |
17 | [Any person who fails to renew his license within five years |
18 | after the date of its expiration may not renew it, and it may |
19 | not be restored, reissued or reinstated thereafter, but the |
20 | person may apply for and obtain a new license if he meets the |
21 | requirements of this act] A renewal of a license shall not be |
22 | granted more than five years after its expiration. A license |
23 | shall be renewed after the five-year period only after a |
24 | licensee has assured continued competency to practice audiology |
25 | in accordance with regulations established by the board. |
26 | Section 7. The act is amended by adding a section to read: |
27 | Section 16.1. Title. |
28 | A licensed audiologist who holds a doctoral degree in |
29 | audiology or a related field may use the title "Doctor" or "Dr." |
30 | on written materials only if the earned doctoral designation |
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1 | abbreviation accompanies the licensee's name. A licensee who is |
2 | not also licensed to practice medicine or osteopathy in this |
3 | Commonwealth may not attach to his name or use as a title the |
4 | words or abbreviations "Doctor" or "Dr." in contravention of |
5 | this section, "M.D.," "physician," "surgeon," "D.O." or any word |
6 | or abbreviation that suggests that the licensee practices |
7 | medicine or osteopathy. |
8 | Section 8. Sections 18 and 19 of the act are amended to |
9 | read: |
10 | Section 18. Penalties. |
11 | (a) Whoever violates any provision of this act is guilty of |
12 | a misdemeanor, shall be prosecuted by the board or its agents |
13 | and, upon conviction, shall be sentenced to imprisonment for not |
14 | more than six months or to pay a fine of not less than $100 nor |
15 | more than $1,000, or both. Each violation shall be deemed a |
16 | separate offense. Fines collected under the provisions of this |
17 | act shall be paid into the State Treasury for the use of the |
18 | Commonwealth. |
19 | (b) In addition to any other civil remedy or criminal |
20 | penalty provided for in this act, the board, by a vote of the |
21 | majority of the maximum number of the authorized membership of |
22 | the board as provided by law, may levy a civil penalty of up to |
23 | $10,000 on any current licensee who violates any provision of |
24 | this act, or on any person who practices as a speech-language |
25 | pathologist or audiologist or holds himself forth as a speech- |
26 | language pathologist or audiologist without being properly |
27 | licensed to do so under this act. The board shall levy this |
28 | penalty only after affording the accused party the opportunity |
29 | for a hearing as provided in 2 Pa.C.S. (relating to |
30 | administrative law and procedure). |
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1 | Section 19. Injunction against unlawful practice. |
2 | [After 12 months from the effective date of this act, it] It |
3 | shall be unlawful for any person to practice or attempt to offer |
4 | to practice audiology[,] or speech-language pathology [or |
5 | teaching the hearing impaired] without holding a valid unrevoked |
6 | and unsuspended license issued under this act. The unlawful |
7 | practice of audiology[,] or speech-language pathology [or |
8 | teaching the hearing impaired] may be enjoined by the courts on |
9 | petition of the board or its agents. In any proceeding it shall |
10 | not be necessary to show that any person is individually injured |
11 | by the complained of actions. If the respondent is found guilty |
12 | of the unlawful practice, the court shall enjoin him from |
13 | practicing until he has been duly licensed. Procedure in these |
14 | cases shall be the same as in any other injunction suit. The |
15 | remedy by injunction is in addition to criminal prosecution and |
16 | punishment. |
17 | Section 9. Section 20 of the act is repealed: |
18 | [Section 20. Appropriation. |
19 | The sum of $75,000, or as much thereof as may be necessary, |
20 | is hereby appropriated from the Professional Licensure |
21 | Augmentation Account within the General Fund to the Bureau of |
22 | Professional and Occupational Affairs in the Department of State |
23 | for the establishment and operation of the State Board of |
24 | Examiners in Speech-Language and Hearing. The appropriation |
25 | granted shall be repaid by the board within three years of the |
26 | beginning of issuance of licenses by the board.] |
27 | Section 10. Within 30 days of the effective date of this | <-- |
28 | section, the State Board of Examiners in Speech-Language |
29 | Pathology and Audiology shall meet and reorganize in such a |
30 | manner that the board position of teacher of the hearing |
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1 | impaired and the board position of physician who is not an |
2 | otolaryngologist are abolished. |
3 | Section 10 11. This act shall take effect in 60 days. | <-- |
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